K.L.Kumaravel v. The Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY K.L.Kumaravel ... Petitioner Vs.

1.The Joint Commissioner Hindu Religious and Charitable Endowments Department Erode District.

2.The Executive Officer/Fit Person Arulmighu Rajarajeswari @ PuduMariamman Temple Kavundapadi Bhavani Taluk Erode District.

3.Kanthamani

...Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 & 2 to consider the petitioner representation dated 24.02.2025.

For Petitioner : Mr.C.Ramaraj for M/s.R.Vidhya For Respondents : Mr.K.Karthikeyan for R1 & R2 Government Advocate (HR & CE)

ORDER

This Writ Petition is filed for a direction to the respondents 1 and 2 to consider the representation of the petitioner dated 24.02.2025.

2. Upon perusal of the said representation, the petitioner submits that the petitioner should have been appointed as the hereditary trustee and already he has approached the authorities and the same is pending in MP.No.1 of 2022. However, the third respondent was appointed as a hereditary trustee against which the petitioner has filed a Revision that is pending in RP.No.270 of 2024. Now in the meanwhile, when the respondents want to handover the 2/5

charge the petitioner cannot handover the charge directly to the third respondent.

3. In view of the said prayer and the relief which is prayed for is only innocuous and since there is no any interim order in favour of the petitioner in the above proceedings, this Writ Petition is disposed of in the admission stage without notice to the third respondent on the following terms;

(i) The first respondent either by himself or by deputing any Subordinate Official along with appraiser shall accept charge from the petitioner and thereafter, shall handover the charge to the third respondent. The third respondent can also be present during the said exercise so as to avoid any misunderstanding or misrepresentation. The said exercise shall be carried on 21.04.2025 and if under any unforeseen circumstances, it could not be carried out on the said day the subsequent date can be intimated by the first respondent himself. If the revision or the application filed by the petitioner is answered in his favour thereafter it would be open for him to again seek restoration of the charge to him. 3/5

(ii) No costs.

03.04.2025 dna To 1.The Joint Commissioner Hindu Religious and Charitable Endowments Department Erode District.

2.The Executive Officer/Fit Person Arulmighu Rajarajeswari @ PuduMariamman Temple Kavundapadi Bhavani Taluk Erode District.

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D.BHARATHA CHAKRAVARTHY , J.

dna W.P.No.

11939 of 2025 03.04.2025 5/5